Bill letting plot owners buy grave markers from any business

The text as introduced · 300 words

89R2549 EAS-D

By: West
S.B. No. 592

A BILL TO BE ENTITLED

AN ACT

relating to rules adopted and enforced by cemetery organizations on

markers, memorials, and effigies; authorizing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 711.031, Health and Safety Code, is

amended by adding Subsection (a-1) to read as follows:

(a-1) A rule adopted under Subsection (a)(3) may:

(1) specify the style, color, size, and installation

requirements of a marker, memorial, or effigy; and

(2) require a marker or memorial to be installed flat

or erect.

SECTION 2. Subchapter C, Chapter 711, Health and Safety

Code, is amended by adding Section 711.0325 to read as follows:

Sec. 711.0325. PROHIBITED RULES ON MARKERS, MEMORIALS, AND

EFFIGIES; CIVIL PENALTY. (a) A cemetery organization may not adopt

or enforce a rule imposing a restriction or limitation on a business

from which a plot owner may:

(1) purchase a marker, memorial, or effigy; or

(2) contract for the installation of a marker,

memorial, or effigy.

(b) A cemetery organization that violates Subsection (a) is

liable for a civil penalty of not more than $5,000 for each

violation. Each day a violation continues is considered a separate

violation for purposes of assessing the civil penalty.

(c) The attorney general may bring suit to recover the civil

penalty authorized by Subsection (b).

SECTION 3. The change in law made by this Act applies to a

violation by a cemetery organization that occurs on or after the

effective date of this Act. A violation that occurs before the

effective date of this Act is governed by the law in effect on the

date the violation occurred, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.